Read the full judgment text of HCPI 395/2006 on BabelCite. This High Court CFI judgment was delivered on 3 June 2008 before Deputy High Court Judge Carlson.
Civil procedure – costs – discretion – indemnity basis – personal injuries action – whether deliberate falsehood by plaintiff warrants indemnity costs – plaintiff found to have lied and orchestrated fabrication – plaintiff enlisted members of defendant's staff to support false claim of negligence – plaintiff additionally sought to inflate quantum of damages – lies exposed by truthful defence witnesses – court exercises broad discretion to reflect that truth prevailed – costs of the action ordered to be taxed on an indemnity basis – costs of the costs application ordered on a party and party basis because plaintiff's counsel conducted the application moderately and persuasively.
Legal issues: Whether indemnity costs should be ordered against a plaintiff found to have lied deliberately and orchestrated fabrication
Outcome: Indemnity costs ordered against the plaintiff in respect of the personal injuries action, with the costs of the costs application itself ordered on a party and party basis.
Cited by 2 cases